Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 15-17 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schuster et al. (U.S Pub. No. 20230033877).
Regarding claim 15, Schuster discloses a filtering mouthpiece capable of being adapted for preassembling with a pre-roll body via an airtight seal, the mouthpiece comprising:
an open mouthpiece end (108, fig. 5) disposed opposite to an attachment end (124, fig. 5), and a passage (116, fig. 5) providing fluid communication between the open mouthpiece end and one or more filtration holes disposed through the attachment end [0041].
Regarding claim 16, Schuster discloses wherein the filtering mouthpiece is manufactured from a ceramic material by injection or compression molding [0038]. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698, 227 USPQ 964, 966 (Fed. Cir. 1985), (MPEP 2113). In this case Schuster discloses common processes such as injection and molding for materials such as plastics and fibers respectively; the claimed filtering mouthpiece is the same as or obvious from the disclosed ceramic filtering mouthpiece of Schuster.
Regarding claim 17, Schuster discloses wherein the one or more filtration holes are sized during manufacturing of the filtering mouthpiece to filter particulate having a predetermined average maximum particle dimension [0041].
Regarding claim 19, Schuster discloses the filtering mouthpiece tapers from the attachment end toward the open mouthpiece end ([0038-0040] and fig. 5).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster et al. (U.S Pub. No. 20230033877) in view of Cantrell et al. (U.S Patent No. 4515170).
Regarding claim 18, Schuster does not expressly discloses the dimension of the filtering holes. Cantrell discloses wherein the one or more filtration holes have a maximum cross-sectional dimension overlapping with the claimed range from about 0.5 mm to about 1.5 mm. In case of overlapping ranges, it would have been obvious to one of ordinary skill in the art at the time the invention was made to pick the claimed range. Cantrell discloses a preferred cross-sectional area of the hole (28) can be 0.00125 cm² and 0.00385 cm² corresponding to diameter of 0.39894 mm to 0.7001mm respectively.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster et al. (U.S Pub. No. 20230033877) in view of Sutton et al. (GB2511305A).
Regarding claim 20, Schuster does not expressly disclose the filtering mouthpiece comprising a ring of flexible material. Sutton discloses a filtering mouthpiece comprising a ring of flexible material (34, fig. 2) having an adhesive on a surface thereof, wherein the ring of flexible material is adhered around a side surface of the filtering mouthpiece proximate to the attachment end to form an airtight seal therewith and is capable of being wrapped around and adhered to a side surface of the pre-roll body proximate to an end of the pre-roll body to form an airtight seal therewith (page 9). Sutton does not expressly discloses the material of the 0-ring; however it would have been obvious to one of ordinary skill in the art at the time the invention was made to select the O-ring material such as vinyl, polypropylene (PP), and polyethylene (PE).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHU H NGUYEN/Examiner, Art Unit 1747